Page:United States Statutes at Large Volume 27.djvu/540

 5]:4 FIFTY-SECOND CONGRESS. Sess. II. Ch. 185. 1893. rtmimiegmpt. have the right of way across said bridge and its approaches for postal- Use by egisgnpt, telegraph purposes, and all telegraph and telephone companies shall °‘°·· °°“"“'“°°· lhalve equal rights anld privileges in constructing and maintaining their ' es across said bri cmscmeem. SEO. 4. That said $dge shall be constructed as a drawbridge of nm'. such character of construction and having such width of draw-openings and such elevation above high water as the Secretary of War may prescribe; and the draw-openings of said bridge shall be so protected and arranged that water crafts can be worked through them at any and all times; and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river: Provided, That said °"°‘“"‘ °""‘ draw shall be opened promptly upon reasonable signals for the passage of boats; and said company or corporation shall maintain, at its own Lizhtscw- expense, from sunset until sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. If any bridge erected under such authority shall, in the opinion of the Secretary of War, mwtsn-ttm mm- obstruct such navigation, he is hereby authorized to cause such change "“°“· or alteration of said bridge to be made as will eifectually obviate such obstruction; and all such alterations shall be made and a.l1 such ,_mgam¤_ obstructions be removed at the expense of the owner or owners of said bridge; and in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the cause may be brought in the _ circuit court of the United States for the State of Illinois in whose jurisdiction any portion of said obstruction or bridge may be located: imma; an not Provided further, That nothing in this act shall be so construed as to ‘°°°"’°‘ repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or exempt this bridge irom the operation of the same. me by aaa- an- Sec. 5. That all railroad companies desiring the use of said bridge '°‘° °“"""“"· shall have and be entitled to equal rights and privileges relative to the passage of railway trains over the same, and over approaches thereto, rum. upon payment of a reasonable compensation for such use; and in case the owner or- owners of said bridge and the several railroad companies, or any of thong desiring such use shall fail to agree upon the sum or sums to be•pai and upon rules and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War upon a hearing of the allegations and proofs of the parties. semmvor wuw Sec. 6. That any bridge authorized to be constructed under this act "”'°"’|"'· °“’· shall be built and located under and subiect to such regulations for the security of navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War for his examination and approval a design and drawing of the bridge, and a map of location giving, for the space of onehalf mile above and one-half mile below the proposed location, the topography of the banks of the river, the shore lines at high and low water, the directions and strength of currents at all stages, and soundin gs accurately showing the bed of the stream, and the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; aud until the said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and when said plan is approved said company may proceed to the erection of said M¤¤¤¤¤¤•· bridge. The Secretary of War may make such alterations in such plains as he may deem necessary to the better protection of navigation, and such alterations shall be adopted by the said railway company. The said railway company may at any time make any alterations deemed advisable to be made in said bridge, but must ilrst submit such proposed alterations to the Secretary of War, and his approval shall be first had before they shall be authorized or made; the cost of such